A Summary Of DMV Hearings And Consequences

The DMV takes action on a motorist's license independent of the California court system. An administrative per se hearing is simply a hearing to determine if your driving privileges should be suspended. It is a complicated hearing. Upon being arrested for a DUI, you must contact the DMV within 10 days to stay the suspension of your license pending the resolution of the administrative per se hearing.

This type of hearing is called an excessive BAC hearing. A failure to contact the DMV within 10 days of arrest will result in an automatic applicable license suspension for whichever time period corresponds to your driving record. The suspension can range from four months to one to three years. If you have missed the 10-day deadline, reach out to me, defense attorney Bradley S. Sandler, immediately to try to schedule a late hearing request and recover your driving privileges.

Adults who refuse the blood, breath or urine test or minors who refuse the PAS (Preliminary Alcohol Screen) and/or blood, breath or urine test face a minimum one-year license suspension. This type of hearing is called a refusal hearing. There are unique issues to a refusal hearing. Before hiring a DUI lawyer to handle your DMV administrative per se hearing, make sure to inquire about the lawyer's experience with DMV administrative per se hearing laws and case law.

Hearings are complicated and require expertise to know which witnesses to subpoena; evidence to present through testimony, affidavit or declaration, expert testimony; correct legal objections to police reports and alcohol tests/procedures, challenges to refusals and myriad issues.

Adults will lose their license for a minimum of four months for a first violation of Vehicle Code Section 23152, and for a year or more if there is a subsequent violation within ten years. Vehicle Code sections 23136 and 23140 govern minor alcohol offenses.

Minors are subject to the DMV "zero tolerance" laws and lose their driving privileges for one year if unsuccessful with the DMV administrative per se hearing. You must hire experienced counsel to win a DMV hearing.

Are You Facing A DMV Hearing? Contact the Law Office Of Bradley S. Sandler A Professional Corporation.

Inquire here or call 310-246-3900 to schedule a consultation about your DUI charges.